Medical Malpractice Lawyers in Charleston WV

When we entrust our physical well-being to the care of health professionals, we do so with the hope and expectation that they will follow accepted standards of care. Indeed, we rightfully expect excellent, state-of-the-art, attentive medical care — certainly not care that is below minimal acceptable standards. Sadly, many health professionals fail to live up to the standards of care and competence we expect and deserve.

Aging demographics, higher patient loads, staffing shortages, poor management, and industry consolidation have all put major strains on our nation’s health care system. This has created substandard conditions in many of our medical facilities, exposing countless patients to the danger of receiving inadequate care, which often results in serious and catastrophic injuries and in the worst cases, wrongful death. If you or a loved one has been the victim of medical negligence, you may have a right to compensation.

Free Consultation with a Medical Malpractice Lawyer in West Virginia

If you wonder whether speaking with a medical malpractice lawyer in Charleston WVis appropriate after being injured at the hands of a health professional, contact Bailey, Javins & Carter to schedule a free consultation.

Our experienced medical malpractice lawyers Charleston WV are prepared to evaluate the facts and circumstances related to your injury and determine whether or not you have a valid claim. Medical negligence claims can be among the most complex and challenging cases to pursue. You are typically going up against well-funded adversaries who will do everything possible to avoid responsibility for their actions.

Our medical malpractice lawyers Charleston WV have in-depth knowledge of this area of the law, and we are often able to uncover critical and frequently overlooked facts and pieces of evidence that can make the difference between the success or failure of a case. Over the years, we have formed relationships with many highly respected professionals in the medical and other fields, and we routinely call on them as expert witnesses to help support our findings. Our depth of experience and commitment to holding responsible parties fully accountable gives our clients reassurance knowing they are in the best possible position to obtain a favorable outcome in their case.

Common Forms of Medical Malpractice in West Virginia

Why consult with a medical malpractice lawyer in West Virginia? Far too many individuals suffer harm at the hands of health professionals they entrusted to take care of them. In the event of medical malpractice, you will need to contact a medical malpractice attorney Charleston WV. Medical malpractice in West Virginia occurs when a healthcare provider deviates from the accepted standard of care, leading to patient injury or death. This can manifest in many ways, ranging from errors in diagnosis to surgical mistakes and nursing home abuse. Understanding these common forms of medical malpractice can help patients and their families recognize when their rights have been violated and take appropriate legal action by working with medical malpractice lawyers in Charleston WV.

Birth Injuries

One of the most tragic forms of medical malpractice occurs during childbirth. Birth injuries can have lifelong consequences for both the baby and the mother. Doctors sometimes fail to properly anticipate and address complications before a child is born. There are various factors that increase the likelihood of these injuries, including prolonged labor, oxygen deprivation, and excessive force during delivery. When these factors were evident but not acted upon, a child can be born with serious conditions such as cerebral palsy, Erb’s palsy, shoulder dystocia, and others. In some cases, failure to perform a timely cesarean section (C-section) can lead to preventable birth injuries.

Beyond physical injuries, medical negligence during childbirth can also result in maternal complications such as excessive bleeding, infections, and uterine rupture. In the most severe cases, a failure to properly monitor and respond to distress signals can lead to stillbirth. When birth injuries occur due to preventable errors, families may have grounds for a medical malpractice claim.

Misdiagnosis/Failure to Diagnose

One of the most serious errors a health professional can make is failing to diagnose an adverse health condition or diagnosing the wrong condition. In both instances, this causes critical delays in receiving the correct treatment necessary for recovery. In many cases, this delay can be life-threatening.

For example, misdiagnosing cancer as a less severe condition can result in lost months or even years in which treatment could have slowed or stopped the disease’s progression. Similarly, failing to diagnose a heart attack in the emergency room can be fatal if the patient is sent home without proper intervention. In the case of a misdiagnosis, the problem is often compounded by prescribing incorrect treatment that may be harmful to the patient. For instance, prescribing medication for an ailment that a patient does not have can lead to adverse side effects while failing to treat the actual medical issue.

Surgical Errors

Patients understand that surgery carries inherent risks, but they also expect their surgical team to exercise the highest level of competence. Unfortunately, preventable surgical errors occur far too often due to negligence, lack of preparation, and miscommunication. Some of the most alarming surgical errors include:

•       Wrong-site surgery: Operating on the wrong body part due to mix-ups in patient records or failure to follow preoperative procedures.
•       Incorrect procedures: Performing a completely different operation due to misdiagnosis or surgical planning errors.
•       Leaving surgical instruments inside the body: Items such as sponges, scalpels, and clamps have been accidentally left inside patients, leading to severe infections and additional surgeries.
•       Anesthesia errors: Administering too much or too little anesthesia, which can result in complications such as brain damage, awareness during surgery, or even death.

These errors often have devastating consequences, leading to long-term disabilities, additional medical expenses, and emotional trauma for the patient and their family.

Medication Errors

Doctors, pharmacists, and other medical professionals have been known to make various types of medication errors. These errors can occur at multiple stages, from prescribing and dispensing to administering the drug. Some common examples include:

•       Prescribing the wrong medication: This can happen when a doctor misreads patient records or confuses similar-sounding drug names.
•       Incorrect dosage: Giving too much or too little of a drug can lead to severe health complications, including overdose or ineffective treatment.
•       Administering medication to the wrong patient: Hospitals and nursing homes sometimes fail to follow proper patient identification protocols, resulting in one patient receiving another’s prescription.
•       Dangerous drug interactions: Some patients are prescribed multiple medications that, when combined, can cause harmful or fatal reactions.

Medication errors can be particularly dangerous for vulnerable populations such as children, the elderly, and patients with chronic illnesses. In some cases, these mistakes lead to permanent disability or even death.

Emergency Room (ER) Errors

Emergency rooms are often high-stress environments where doctors and nurses must make quick decisions. While the fast pace of the ER is necessary to save lives, it also increases the likelihood of medical malpractice. Some common ER errors include:

•       Misdiagnosis: A rushed evaluation may lead to a failure to recognize serious conditions such as strokes, heart attacks, or internal bleeding.
•       Delayed treatment: When ER staff fail to prioritize critically ill patients, conditions can worsen significantly before treatment begins.
•       Failure to order necessary tests: Missing critical imaging or lab tests can lead to incorrect diagnoses and improper treatment plans.
•       Miscommunication among staff: Poor communication between doctors, nurses, and technicians can result in errors such as incorrect medication administration or surgical mistakes.

Given that emergency rooms serve as the frontline of medical care, errors in this setting can have particularly severe consequences, including preventable deaths and prolonged suffering.

Defective Medical Equipment/Devices

The advancement of medical technology has improved patient care, but it has also introduced new risks. Defective medical equipment and devices can cause significant harm when they fail to function properly. Some common examples of medical device failures include:

•       Faulty pacemakers: A malfunctioning pacemaker can result in life-threatening cardiac issues.
•       Defective hip replacements: Poorly designed or faulty hip implants can lead to severe pain, mobility issues, and the need for additional surgeries.
•       Improperly sterilized surgical tools: Equipment that has not been properly cleaned can introduce dangerous infections to patients.

When medical devices are rushed to market without adequate testing, patients may suffer the consequences. In such cases, the manufacturer, supplier, or healthcare provider responsible for using the defective device may be held accountable.

Nursing Home Abuse in West Virginia

The mistreatment of our elderly population is a nationwide crisis. Nursing home abuse and neglect occur in facilities where caregivers fail to provide adequate medical attention and basic needs. Common forms of nursing home malpractice include:

•       Physical abuse: Unnecessary use of force, such as hitting or restraining patients without justification.
•       Neglect: Failure to provide food, water, hygiene, or medical care, leading to dehydration, malnutrition, infections, or bedsores.
•       Medication errors: Overmedicating or under-medicating residents can lead to serious health complications.
•       Emotional abuse: Verbal threats, humiliation, or isolation can cause psychological trauma to vulnerable elderly patients.

Understaffed and poorly managed nursing homes are often the main contributors to these issues. Families placing loved ones in care facilities should remain vigilant for signs of abuse and seek legal recourse if negligence is suspected.

Medical malpractice is a serious issue that affects thousands of patients each year. Whether it occurs in a hospital, emergency room, surgical center, or nursing home, the consequences can be devastating. Victims of medical malpractice may suffer lifelong injuries, financial burdens, and emotional distress. If you or a loved one has been harmed due to a healthcare provider’s negligence, it is essential to seek legal advice and understand your rights. Holding medical professionals accountable not only helps victims receive compensation but also encourages better practices in the healthcare industry to prevent future incidents.

Medical Malpractice Claims in West Virginia

Medical malpractice occurs when a healthcare professional deviates from the standard of care, leading to harm or injury to a patient. Victims of medical malpractice in West Virginia have the right to seek compensation for the damages they suffer. Understanding the types of compensation available, the legal limitations, and the common causes of malpractice can help individuals navigate the complexities of filing a claim.

Medical Malpractice Claims in West Virginia

Several types of compensation may be available from a medical malpractice claim, including:

Medical Expenses

Victims of medical malpractice often require additional treatment to correct errors caused by medical negligence. Compensation can cover the cost of hospital stays, medications, surgeries, and other necessary procedures to rectify the damage.

Recovery/Rehabilitation Costs

Long-term medical treatment may be required to help a patient recover from the effects of malpractice. These costs may include physical therapy, occupational therapy, specialized rehabilitation programs, and any necessary home care services.

Reduced/Lost Earning Capacity

A patient who suffers from a medical error may lose the ability to work either temporarily or permanently. Compensation may cover lost wages due to time missed from work and the loss or reduction of future earning capacity caused by the malpractice.

Physical Pain

Patients who experience unnecessary pain and suffering due to medical malpractice may be entitled to compensation. The physical discomfort resulting from medical errors can have a lasting impact on an individual’s quality of life.

Emotional Distress

Medical malpractice can lead to severe emotional and psychological distress. The anxiety, depression, and post-traumatic stress disorder (PTSD) that can arise from these experiences are taken into account when determining compensation.

Punitive Damages

In cases where a healthcare provider’s actions are found to be particularly reckless or intentional, punitive damages may be awarded. These damages are intended to punish the negligent party and deter similar misconduct in the future.

Legal Limitations on Medical Malpractice Claims in West Virginia

West Virginia imposes caps on non-economic damages in medical malpractice cases, as outlined in §55-7B-8 of the West Virginia Code. Non-economic damages refer to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary injuries. As of 2025, the caps are:

• $250,000 (adjusted annually for inflation) for most medical malpractice cases.
• $500,000 (adjusted annually for inflation) for cases involving:
  • Wrongful Death
  • Permanent and Substantial Physical Deformity
  • Loss of Use of a Limb or Bodily Organ System
  • Permanent Physical or Mental Functional Injury that prevents the patient from independently caring for themselves or performing life-sustaining activities

These caps apply only to non-economic damages; there is no cap on economic damages, which cover quantifiable losses such as medical expenses and lost wages.

West Virginia also enforces a statute of limitations for medical malpractice claims. Generally, a victim has two years from the date the injury occurred, or from the date the injury should have been reasonably discovered, to file a claim. However, there is a 10-year statute of repose that bars all medical malpractice claims after a decade, regardless of when the injury was discovered. For nursing homes and assisted living facilities, the statute of limitations is shorter, at one year. For minors under 10 years old, a case may be brought any time before the child’s 12th birthday.

Given these time limitations, it is advisable to take legal action as soon as malpractice is suspected.

Common Causes of Medical Malpractice

Medical malpractice can occur in various forms, and patient advocacy groups have identified distracted doctoring as one of the leading risks to patient safety. Some common errors that result from negligence or distraction include:

Medication Errors

Mistakes related to medication are among the most prevalent forms of medical malpractice. These errors include prescribing the wrong medication, administering an incorrect dosage, and failing to recognize harmful drug interactions.

Misdiagnosis or Delayed Diagnosis

A failure to diagnose a serious condition correctly or in a timely manner can lead to significant harm. Delayed diagnosis of illnesses such as cancer, heart disease, or stroke can prevent a patient from receiving timely and effective treatment.

Surgical Errors

Surgical mistakes can have devastating consequences. Some of the most egregious errors include operating on the wrong body part, leaving surgical instruments inside a patient’s body, or failing to properly monitor a patient during surgery.

Failure to Monitor Patients

Doctors and nurses are responsible for closely monitoring patients to detect changes in vital signs or adverse reactions to medication. Failure to do so can result in serious complications or even death.

Misuse of Medical Equipment

Improper use of medical equipment, whether due to inexperience or negligence, can lead to patient injuries. This includes incorrect use of defibrillators, ventilators, and other life-supporting machines.

Steps to Take if You Suspect Medical Malpractice

If you suspect that you or a loved one has been a victim of medical malpractice in West Virginia, there are several steps you should take:

1. Seek Medical Attention – Your health should be your first priority. Seek immediate medical treatment from a different healthcare provider to address any harm caused by the malpractice.
2. Gather Evidence – Collect relevant medical records, prescriptions, test results, and any communication with the medical professionals involved. These documents will be crucial in proving your case.
3. Consult an Attorney – Medical malpractice cases are complex and require specialized legal expertise. An experienced medical malpractice attorney can evaluate your case and help you understand your rights and options.
4. File a Lawsuit Within the Statute of Limitations – It is important to file your claim within West Virginia’s two-year statute of limitations. Failing to meet this deadline may result in losing your right to compensation.

Challenges in Proving a Medical Malpractice Case

Medical malpractice cases are notoriously difficult to prove. Plaintiffs must demonstrate the following elements to establish negligence:

1. A Doctor-Patient Relationship Existed – The plaintiff must show that they had a formal medical relationship with the provider accused of malpractice.
2. The Healthcare Provider Was Negligent – The plaintiff must prove that the medical professional failed to meet the standard of care expected in their field.
3. The Negligence Caused Harm – It must be shown that the provider’s negligence directly resulted in injury or worsened the patient’s condition.
4. Damages Were Sustained – The plaintiff must demonstrate that they suffered physical, emotional, or financial harm due to the malpractice.

Medical Malpractice Reform in West Virginia

In recent years, West Virginia has implemented various reforms to address the issue of medical malpractice. These reforms include:

•       Caps on Non-Economic Damages – As previously mentioned, the state has established limits on pain and suffering compensation.
•       Pre-Filing Requirements – Plaintiffs are required to submit a certificate of merit from a qualified medical expert before filing a lawsuit.
•       Reduction in Frivolous Claims – The state has enacted laws aimed at discouraging baseless claims, which helps reduce the burden on the legal system and prevents unnecessary lawsuits against healthcare providers.

Distracted Doctoring: A Troubling Trend in Medical Care

These days, most doctors use smartphones, tablets, and other electronic devices in order to have instant access to important medical information. These devices can be used to access patient data, medical history, information about various prescription drugs, case studies, and emerging information that might be helpful in treating a patient. But we all know that electronic devices can do far more than just pulling up useful medical data, and this is why distracted doctoring is becoming a growing problem.

Consider this peer-reviewed survey from 2010. In this survey of more than 400 medical practitioners who are involved in performing cardiopulmonary bypass procedures, a large percentage of respondents admitted to frequently using their smartphones while in the operating room. More than 50% of them acknowledged talking on their phones during an operation, nearly half admitted to sending text messages, and about one quarter of them admitted to accessing email or the internet.

We work on a contingency basis. We don’t get paid unless you do.

There is no substitute for experience. At Bailey, Javins & Carter, L.C., we have been representing injured West Virginians for more than 30 years. We are from West Virginia, and we understand the common types of medical malpractice that occur in health care facilities in this state. When a health care professional fails to meet the accepted standard of care and you are harmed as a result, you may be entitled to compensation for your injuries and related expenses. Contact a seasoned medical malpractice lawyer to schedule a free consultation.

Final Thoughts

Medical malpractice claims in West Virginia can provide victims with the compensation they need to recover from the harm caused by negligent healthcare providers. However, legal limitations, stringent filing requirements, and the burden of proof make these cases challenging to navigate. If you or a loved one has suffered due to medical negligence, seeking legal counsel as soon as possible is very important. Understanding your rights and taking prompt action can make a significant difference in securing the justice and financial support you deserve.